Subclass 489 (Skilled — Regional (Provisional)
Table Of Contents
Subclass 489 (Skilled — Regional (Provisional)
Subclass 190 Skilled — Nominated Visa
Schedule 2 Criteria Subclass 189 Skilled — Independent
Subclass 189 Skilled Independent Visa
Permanent Residence Skilled Visa Application
Charges Follow From Presenting False Documents To Immigration
Getting Someone Else To Sit The IELTS
Visas Cancelled For Bogus Work References
Substantial Compliance And Living In A Regional Area
Tribunal Saves Applicant From Error
Minister for Immigration & Citizenship v Li and Another
Early MRT Cases Regarding Subclass 189 Visas Are Starting To Arrive
Introduction
Some Relief On Condition 8503 (No Further Stay)
Practice Point - Always Engineer A Situation Where One Applies For This Visa Onshore
Staleness Of A Skill Assessment Is Now Defined By Law
Website And PAM Do Not Bind Immigration
Must Be Present In Australia To Apply For A Subclass 485 Visa
Application Made
Some Recent Practice Decisions & Practice Points
Preamble
NSW Sponsorship Subclass 190 Visa
Various State & Territory Criteria
Priority Group 5
The End of Subclass 175, 176 and 475
Schedule 1 Criteria.
- Skilled—Regional Sponsored (Provisional) (Class SP)
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(i) for an applicant who holds:
(A) a Skilled—Independent Regional (Provisional) (Class UX) visa; or
(B) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(C) a Subclass 475 (Skilled—Regional Sponsored) visa; or
(D) a Subclass 487 (Skilled—Regional Sponsored) visa;
or whose application is combined, or sought to be combined, with an application made by that person:
First instalment
Item Component Amount
1 Base application charge$320
2 Additional applicant charge for an applicant who is at least 18$160
3 Additional applicant charge for an applicant who is less than 18$80
(ii) for any other applicant:
First instalment
ItemComponentAmount
1Base application charge$3 600
2Additional applicant charge for an applicant who is at least 18$1 800
3Additional applicant charge for an applicant who is less than 18$900
Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b) second instalment (payable before grant of visa):
Second instalment
Item Applicant Amount
1 Applicant who:
(a) was at least 18 at the time of application; and
(b) is assessed as not having functional English; and
$4 890
(c) has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in subparagraph (2)(a)(i), that the applicant holds
2Any other applicantNil
(3) Other:
(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b) An applicant may be in or outside Australia, but not in immigration clearance.
(c) An applicant in Australia must hold:
(i) a substantive visa; or
(ii) a Subclass 010 (Bridging A) visa; or
(iii) a Subclass 020 (Bridging B) visa; or
(iv) a Subclass 030 (Bridging C) visa.
(d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled—Regional Sponsored (Provisional) (Class SP) visa may be made at the same time as, and combined with, an application by that person.
(4) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 489 (Skilled—Regional (Provisional)) visa in the First Provisional Visa stream must meet the requirements in the table.
Item Requirements
1 The applicant must have been invited, in writing, by the Minister to apply for a Subclass 489 (Skilled‑Regional (Provisional)) visa in the First Provisional Visa stream
2 The applicant must apply for that visa within the period stated in the invitation
3 The applicant must not have turned 50 at the time of invitation to apply for the visa
4 The applicant must nominate a skilled occupation:
(a) that is specified by the Minister in an instrument in writing for this item as a skilled occupation at the time of invitation to apply for the visa; and
(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and
(c) for which the applicant declares in the application that the applicant’s skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa
5 The applicant must:
(a) be nominated by a State or Territory government agency; or
(b) declare in the application that the applicant is sponsored by a person who:
(i) has turned 18; and
(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
6 If the applicant declares in the application that the applicant is sponsored by a person mentioned in paragraph 5(b), the applicant also declares in the application that:
(a) the sponsor is usually resident in a designated area of Australia; and
(b) the sponsor is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is an applicant for the grant of a Skilled—Regional Sponsored (Provisional) (Class SP) visa), as:
(i) a parent; or
(ii) a child or step‑child; or
(iii) a brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or
(iv) an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle; or
(v) a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or
(vi) a grandparent; or
(vii) a first cousin; and
(c) each person who is an applicant, and claims to be a member of the family unit of the applicant, is sponsored by that person
Note: designated area is defined in regulation 1.03
(5) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 489 (Skilled—Regional (Provisional)) visa in the Second Provisional Visa stream must meet the requirements in the table.
Item Requirements
1 The applicant holds one of the following visas:
(a) a Skilled—Independent (Provisional) (Class UX) visa;
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
(c) a Subclass 475 (Skilled—Regional Sponsored) visa;
(d) a Subclass 487 (Skilled—Regional Sponsored) visa.
2 For at least 2 years immediately before the application is made, the applicant must have held one of those visas, granted on the basis of:
(a) satisfying the primary criteria for the grant of that visa; or
(b) being the spouse or de facto partner of the person who satisfied the primary criteria for the grant of that visa
3The applicant must not have held more than one of a particular kind of those visas
(6) Subclasses:
Subclass 489 (Skilled—Regional (Provisional))